In absence of dominance in relevant markets, the question of abuse of dominant position not arises

Samaleshwari Automobiles Vs Tata Motors Ltd. and Another (Competition Commission of India) Commission notes that the Informant has primarily alleged that the OPs have imposed unfair and discriminatory terms and conditions in the Dealership Agreement in respect of passenger/utility category of vehicles, besides indulging in anti-competitive practices, which put the Informant’s company in a deep financial crisis, constraining the Informant to terminate the Dealership Agreement dated 26.12.2012. At the outset, the Commission notes that the last agreement between the Informant and OP-1, i.e., th...